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THE BOARD OF EDUCATION OF THE CITY

OF CINCINNATI et al.,

Defendants.

Filed Nov. 27,

1869.

The defendant, William F. Hurlbut, admits that he is the clerk of the Board of Education of the city of Cincinnati, and says that he has been such since the 23d of March, A. D. 1857.

He further admits that the statement of his duties in the petition is correct, and that the Board, on the 1st day of November, A. D. 1869, passed the resolutions set forth in the petition, and that the same are in his hands for promulgation, subject to the order of the Court in this cause.

As to the other facts set forth in the petition, this defendant says. he is not advised, and consents that this cause be heard and decided as to them upon the issues made up by the plaintiffs and his codefendants.

W. F. HURLBUT,

Clerk of the Board of Education of Cincinnati.

State of Ohio, Hamilton County:

William F. Hurlbut, the above-named defendant, being first solemnly sworn, says that he believes the allegations of the foregoing answer to be true.

W. F. HURLBUT,

Clerk of the Board of Education of Cincinnati.

Sworn to before me, and subscribed in my presence, this 27th

November, 1869.

T. BISHOP DISNEY,

Clerk Superior Court Cincinnati.

Minor et al. v. Board of Education of Cincinnati et al.

ANSWER OF THE MINORITY OF THE BOARD OF EDUCATION.

JOHN D. MINOR et al.,

V.

Superior Court of Cincinnati.

Plaintiffs,

Filed Nov. 29,

1869.

THE BOARD OF EDUCATION OF THE CITY

OF CINCINNATI et al.,

Defendants.

The defendants, A. D. Mayo, Abner L. Frazer, C. C. Campbell, Louis Ballauf, Henry Bohling, W. I. Wolfley, J. L. Drake, Peter Gibson, G. W. Gladden, Howard Douglass, C. H. Gould, William Kuhn, Henry Mack, and J. H. Rhodes, for answer say: That the resolutions in the petition set forth were adopted by a majority of said Board of Education against the open and persistent opposition and over the votes of these defendants against said adoption, as will appear by the journal of said Board.

And the defendant, Francis Ferry, says, that at the time of the submission of said resolutions to vote, he was absent from the meeting of said Board, but that he afterward caused his vote to be entered on said journal as against said resolutions.

And all said defendants disclaim all connection with and responsibility for said resolutions.

A. D. MAYO,
ABNER L. FRAZER,

J. H. RHODES,
G. W. GLADDEN,

FRANCIS FERRY,

HENRY MACK,
WM. KUHN,

HOWARD DOUGLASS,

Verification waived.

LOUIS BALLAUF,

C. H. GOULD,

C. C. CAMPBELL,
WM. I. WOLFLEY,
J. L. DRAKE,

H. BOHLING,

PETER GIBSON.

SAGE & HINKLE, for Plaintiffs.

STALLO & KITTREDGE, for other Def'ts.

Minor et al. v. Board of Education of Cincinnati et al.

AGREED STATEMENT OF TESTIMONY.

Superior Court of Cincinnati.

JOHN D. MINOR et al.,

Plaintiffs,

ບ.

THE BOARD OF EDUCATION OF THE CITY

OF CINCINNATI et al.,

Defendants.

Filed Nov. 27, 1869.

Be it remembered that at the hearing of the above-mentioned action, at special term of November, A. D. 1869, the plaintiffs to maintain their case offered and read in evidence a certified copy of the proceedings and resolutions passed by the Board of Trustees and Visitors of the Public Schools of the City of Cincinnati, at a meeting on August 29, 1842, which is hereto annexed and marked Exhibit 1.

Also, certified copy of an extract from the annual report for the year ending June 30, 1853, published by said Board, which is hereto attached and marked Exhibit 2.

Also, certified copy of an extract from the annual report for the year ending June 30, 1862, published by said Board, which is hereto annexed and marked Exhibit 3.

And they also offered and read in evidence six books, herewith filed and referred to, as part hereof, marked respectively Exhibit 4, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, and Exhibit 9, and marked with the style and number of this cause.

Exhibit 4 being entitled "McGuffey's New First Eclectic Reader."

Minor et al. v. Board of Education of Cincinnati et al.

Exhibit 5 being entitled "McGuffey's New Second Eclectic Reader."

Exhibit 6 being entitled "McGuffey's New Third Eclectic Reader."

Exhibit 7 being entitled "McGuffey's New Fourth Eclectic Reader."

Exhibit 8 being entitled "McGuffey's New Fifth Eclectic Reader."

Exhibit 9 being entitled "McGuffey's New Sixth Eclectic Reader."

And plaintiffs offered evidence tending to show that said six readers are, and for more than twenty years have been, used in the several grades of the public schools of said city as the regular and only authorized text books for lessons in reading.

And the defendants offered evidence tending to show that the rule referred to, as above adopted in 1842, has long since ceased to be acted upon or recognized as of binding force, and that the same. is not found among the standing rules published and promulgated by the School Board of Education during the last twenty-five

years.

This being all the testimony offered on either side, the case was submitted upon the pleadings and evidence to the Court, all of which is certified by the Judge presiding at special term.

B. STORER [SEAL].

Minor et al. v. Board of Education of Cincinnati et al.

EXHIBIT 1.

Extract from the Minutes of the School Board of Cincinnati :

"COUNCIL CHAMBER, August 29, 1842.

"The Board met pursuant to adjournment. Present-Mr. Perkins, President, and Messrs. Bonsall, Mulford, Meader, Symmes, Morrison, and Poor.

"The President having informed the Board that the Bishop of the Catholic Church had told him, in private, that certain. objections existed to the English common schools, and also to the German common schools, on the part of the Catholics, viz:

"1. That the books used contained obnoxious passages.

"2. That the Catholic children are required to read the Protestant Testament and Bible; and

"3. That the district libraries contain objectionable works, to which the Catholic children have access without the knowledge of their parents.

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Thereupon, the following resolutions were submitted by him and adopted:

"Resolved, That the President of this Board be requested to inform Bishop Purcell that he is invited by the Board to examine the books used in the English common schools and the German common schools, or to cause them to be examined, and all obnoxious passages pointed out.

"2. Resolved, That no pupil of the common schools be required to read the Testament or Bible, if its parents or guardians desire that it may be excused from that exercise.

"3. Resolved, That no child shall be allowed to take books from the district libraries, unless at the beginning of each session its parent or guardian make the request, in writing or in person, that it may have that privilege."

I hereby certify that the foregoing is a correct copy from the Minutes of the School Board, under the date above mentioned. W. F. HURLBUT,

Clerk of Board of Education.

CINCINNATI, November 26, 1869.

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